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20130416
20130424
Search Results 0 to 4 of about 5 (some duplicates have been removed)
the charges, miranda rights, the public safety exemption, where are we right now on that issue? >> well, the normal rule is that when someone's irsed, they're advised of their rights. you have the right to remain silent. anything you say can be used against you. you have the right to a lawyer. if you can't afford one it will be provided, that sort of thing. if police don't give that warning then they cannot use any statements of the defendant in court. the exception to that is called the public safety exception. it's been extended by judges to terrorism cases. and the idea is that if you need information quickly to preserve public safety, you can ask those questions and still use the responses in court. but that public safety exception rule is limited. it only applies for several hours after fill in the blank. we assume after questioning starts rather than after arrest. probably no more than a day, day and a half. >> where do you come up with that? pete, let me interrupt you there. who has come up with what is the time? is it just, you know it when you see it? >> in terms of the time li
. >> let's talk about the issue a lot of people have been talking about. not everybody, but some. miranda rights. we've watched enough detective shows no know, police shows, they give miranda rights almost like blah, blah, blah, blah, blah. it's done. why do you think that's an issue? now we just got the word as we went on the air tonight the defendant here, the suspect, i guess he's a defendant now, has been given his miranda rights. >> this is truly something of an urban legend. people like to watch shows where a criminal goes free because he wasn't given miranda rights. that's extremely rare. i do criminal defense work. i can tell you, the most you can hope for in a miranda case is one or two statements will not make it into court. it's rare the whole case falls out unless everything -- >> so it's not the poison fruit thing? >> there is a poison fruit provision, standard. but it's very rare for it to pollute an entire case. >> let me ask you practically, why don't the law enforcement officials, the federal officials up there who have him in custody at the hospital, why didn't they just
enforcement. we know that doesn't quite work for several reasons. one, there is an exception in the miranda rights. when a suspect is read their rights by the police, we're talking about a miranda warning. there is a provision that allows in case law that allows for law enforcement to wait if they think there is a national security threat or a danger to the public until they've talked to the person and established there isn't a danger to the public or gotten the information they need. then they can read the miranda rights. that's what the fbi has done in this case. that's what they did in the new york time square bomber. that worked quite well. they talk to him for a while before they read him his rights. then they read him his rights. he kept and he provided very valuable information. we know that the traditional civilian court system founded by the founding fathers can work in this situation. >> let me ask you a couple questions. if the russian government was so concerned about tamerlan as to alert our fbi and our government, and warrant an investigation of him, why are we so sure that dz
Search Results 0 to 4 of about 5 (some duplicates have been removed)